ORDINANCE 1479 ORDINANCE NO. 1479
AN ORDINANCE AMENDING CHAPTER 1-2 OF THE EL
SEGUNDO MUNICIPAL CODE IN ITS ENTIRETY ESTABLISHING
GENERAL PENALTIES FOR VIOLATING THE EL SEGUNDO
MUNICIPAL CODE; PROCEDURES FOR ISSUING CITATIONS;
AND AUTHORIZING PROSECUTIONS.
The Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. Since the City's incorporation,the community has expanded both in population and
development;
B. The City's role in protecting public health and safety becomes more complex as the
community's expansion leads to greater a greater population, more structures, and
aging infrastructure;
C. To help ensure that the public is informed regarding the City's health and safety
regulations, and to assist with the City's compliance efforts, it is vital that the El
Segundo Municipal Code ("ESMC")be both clear and comprehensive;
D. It is in the public interest to consolidate code enforcement regulations into a single
title within the ESMC so that the public,and City staff,can easily refer to the various
means by which the City can obtain compliance with the ESMC;
E. The Council believes that voluntarily compliance with the ESMC is a hallmark of
good citizenship and helps protect public health, safety, and welfare. It also
recognizes, however, that there are instances where compliance must be obtained
through civil proceedings or criminal prosecution;
F. This Ordinance will help implement the City's goals in protecting public health,
safety, and welfare by consolidating various enforcement options into one Title;
clarifying the processes by which such enforcement may be conducted; and
establishing sufficient safeguards to ensure fair and equitable treatment.
SECTION 2: Chapter 1-2 of the ESMC is amended in its entirety to read as follows:
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"CHAPTER 1-2
GENERAL PENALTIES
1-2-1 GENERAL PROHIBITION.
1-2-2 GENERAL PENALTY.
1-2-3 PENALTIES FOR INFRACTIONS.
1-2-4 PROVISIONS PUNISHABLE AS INFRACTIONS:
1-2-5 CODE ENFORCEMENT.
1-2-6 CITATION PROCEDURE FOR VIOLATIONS.
1-2-7 FAILURE TO APPEAR.
1-2-8 PROSECUTORIAL DUTIES OF THE CITY ATTORNEY.
1-2-1 GENERAL PROHIBITION.
A. It is unlawful for any person to violate,or fail to comply with,any provision of the El
Segundo Municipal Code. Each and every violation of any part of this Code
including,without limitation,any franchise or permit issued pursuant to this Code,is
a misdemeanor unless otherwise specified.
B. Every person violating the Code is guilty of a separate offense for each and every day
during any portion of which any violation of any provision of this Code is committed,
continued, or permitted by such person.
C. In addition to these criminal penalties, any condition caused or permitted to exist in
violation of any of the provisions of this Code is a public nuisance and may be abated
in accordance with this Code.
•
1-2-2 GENERAL PENALTY.
A. Persons convicted of a misdemeanor, the penalty for which is not otherwise
prescribed, will be punished by a fine not to exceed one thousand dollars
($1,000.00); by imprisonment for not more than six (6)months; or by both a fine
and imprisonment for each violation of this Code.
B. The City Council may establish lesser fines for specific misdemeanor violations
by resolution.
1-2-3 PENALTIES FOR INFRACTIONS.
A. Each infraction is punishable as follows:
1. A fine not exceeding $100.00 for the first violation;
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2. A fine not exceeding $200.00 for a second violation of the same provision
within one (1)year;
3. A fine not exceeding $500.00 for each additional violation of the same
provision within one (1) year of the first violation.
B. Any offense which would otherwise be an infraction may be prosecuted as a
misdemeanor if a defendant was convicted for the same violation two (2) or more
times within the twelve (12) month period immediately preceding the commission
of the offense;
C. A fourth violation of the same Code provision regardless of the time of
occurrence must be prosecuted as a misdemeanor.
D. The City Council may establish lesser fines for specific infractions by resolution.
1-2-4 PROVISIONS PUNISHABLE AS INFRACTIONS:
The following sections of this Code are punishable as infractions and not as misdemeanors:
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4-1-1 BUSINESS LICENSE REQUIRED
4-1-25 BUSINESS LICENSE VEHICLE TAGS
4-3-2 ALARM PERMITS REQUIRED
4-4-9 VEHICLES FOR HIRE/OEPERATIO
PERMIT REQUIRE
4-4-22 VEHICLES FOR HIRE/
MISREPRESENTATION PROHIBITED
4-6-8 SECONDHAND STORE AND JUNK
SHOPS-COMPLIANCE
4-8-3 ENTERTAINMENT PERMIT REQUIRED;
EXCEPTIONS
4-8-21 HOURS OF ENTERTAINMENT
4-8-22 ENTERTAINMENT—CONDUCT UPON
PREMISES
BUSINESS REGULATIONS/MOTION
4-11-3 PICTURE, RADIO AND TELEVISION/
PERMIT REQUIRED
HEALTH AND SANITATION/GARBAGE
5-2-5(D) AND RUBBISH CONTAINER:
Tampering/Removal of garbage container
contents
5-2-7 GARBAGE TRANSPORTATION
REQUIRED
5-2-8 GARBAGE—DEPOSIT OR BURIAL
PROHIBITED
5-2-9 GARBAGE—COMBUSTIBLE MATERIAL
DEPOSITION
5-3-2 LITTERING STREETS
5-3-3 LITTERING—CONTAINERS REQUIRED
FOR HAULING
5-6-3 SMOKING PROHIBITED
TOBACCO PRODUCTS—PROHIBITED
5-6A-3 SALE TO MINORS. PROHIBITED SALE
WITHOUT PROPER IDENTIFICATION.
7-6-1 USE OF VEHICLE FOR HUMAN
HABITAT
7-6-2 GAMBLING
7-6-4 WEAPONS
7-6-5 MERCHANDISE ON STREET OR
SIDEWALKS
7-6-8 CONSUMPTION OR POSSESSION OF
ALCOHOLIC BEVERAGES
7-7-2 HANDBILLS-DISTRIBUTION
7-7-3 HANDBILLS—POSTING PROPERTY
7-7-4 HANDBILL—PLACE IN VEHICLES
7-7-6 HANDBILL—LOCATIONS WHERE
PROHIBITED
7-9-2 PRIVATE PARKING LOT—UNLAWFUL
ACTS
VEHICLES AND TRAFFIC/
8-4-19 MISCELLANEOUS TRAFFIC/DRIVING
ON PARK
VEHICLES AND TRAFFIC/
8-4-24 MISCELLANEOUS TRAFFIC/
COASTERS AND SKATEBOARDS
VEHICLE AND TRAFFIC/STOPPING,
8-5-5 STANDING AN PARKING/STOPPING
OR STANDING PARKWAY
VEHICLES AND TRAFFIC/STOPPING,
8-5-12 STANDING AND PARKING/FRONT
AND SIDE YARD PARKING
9-2-5 PUBLIC WAYS AND PROPERTY/
PI LNTIN(:\/P(. TATI(1N
1-2-5 CODE ENFORCEMENT.
A. Authorization. The Police Department,Fire Department, and Building Official, and
other persons designated by the City Manager are authorized to enforce the various
provisions of this Code under their respective authority or as is specifically assigned
to them by the City Manager or City Council.
B. Powers of Arrest. Officials and employees designated to enforce provisions of this
Code have authority to arrest persons pursuant to Penal Code § 836.5 for purposes of
issuing citations for violations of provisions of this Code. Police officers have full
authority to arrest persons for violations of the provision of this Code pursuant to any
applicable provision of the Penal Code.
1-2-6 CITATION PROCEDURE FOR VIOLATIONS.
A. Any city officer or employee arresting any person for a violation of any provision of
this Code,who does not immediately take such arrested person before a magistrate,
as prescribed in the Penal Code of the State, must prepare in duplicate a written
notice to appear in court.
B. The notice must contain:
1. The name and address of the person arrested;
2. The offense charged,the time and place of the alleged violation;
3. Where and when such person must appear in court. The time specified in the
notice for appearance must be at least ten (10) days after such arrest. The
place specified in the notice to appear and the notice must conform with all
applicable provisions of the Penal Code.
4. The arresting city officer or employee must deliver one copy of the notice
to appear to the alleged violator. In order to secure immediate release, the
violator must give a written promise to appear in court at the time and
place indicated on the notice by signing the duplicate notice.That signed
copy must be retained by the city officer or employee.Thereafter,the
arresting city officer and employee must release the alleged violator from
custody. The duplicate copy of the notice to appear must be filed in the
manner prescribed in the Penal Code.
1-2-7 FAILURE TO APPEAR.
Any person who willfully violates a written promise to appear in court by failing to appear at
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the time and place stated is guilty of a misdemeanor regardless of the disposition of the
charge upon which the person was originally arrested.
1-2-8 PROSECUTORIAL DUTIES OF THE CITY ATTORNEY.
A. In addition to any other general functions, powers, and duties given to the City
Attorney by this Code or California law,the City Attorney will:
1. Prosecute on behalf of the people all criminal and civil cases for violations of
this Code; any franchises or permits issued pursuant to this Code; city
ordinances; and any state misdemeanors that the city council elects to
enforce.
2. Draft complaints for such cases and prosecute all recognizances and bail
bonds forfeited arising from or resulting from the commission of such
offenses.
3. Prosecute all actions for the recovery of fines,penalties,forfeitures,and other
money accruing to the City under this Code or otherwise.
4. Represent the City in all appeals arising as a consequence of the City
Attorney's prosecutions.
B. Notwithstanding any other provision of this Code, the city attorney is the only
officer that may file misdemeanor charges in accordance with this Code. The city
attorney may, in his or her discretion, prosecute misdemeanor violations of this
Code as infractions.
C. Nothing contained in this section will interfere with the authority of public safety
officials to arrest persons pursuant to any applicable provision of this Code and/or the
California Penal Code."
SECTION 6: Repeal or amendment of any provision of the ESMC will not affect any penalty,
forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any
violation occurring before this Ordinance's effective date.Any such repealed part will remain in full
force and effect for sustaining action or prosecuting violations occurring before the effective date of
this Ordinance.
SECTION 7: If any part of this Ordinance or its application is deemed invalid by a court of
competent jurisdiction,the City Council intends that such invalidity will not affect the effectiveness
of the remaining provisions or applications and, to this end, the provisions of this Ordinance are
severable.
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SECTION 8: The City CIerk is directed to certify the passage and adoption of this Ordinance;cause
it to be entered into the City of El Segundo's book of original ordinances;make a note of the passage
and adoption in the records of this meeting; and, within fifteen (15) days after the passage and
adoption of this Ordinance,cause it to be published or posted in accordance with California law.
SECTION 9: This Ordinance will become effective thirty days following its passage and adoption.
PASSED AND ADOPTED this 4th day of June, 2013.
"„
/ ill Fisher, Mayor
ATTEST:
alert D-040441 r /Ai
Tracy Weaver, City Clerk
APPROVED ASS I E. :
MARK D. HE 1.L " ' 'i ; ■torney
.
By: 1
Karl"-1. Berger, As ' ant City Attorney
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ATTEST
STA'L'E OF CALIFORNIA }
COUNTY OF LOS ANGELES )ss.
CITY OF EL SEGUNDO }
I, Tracy Weaver, CMC, City Clerk of the City of El Segundo, do hereby certify that the
foregoing Ordinance No 1479was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 21 sc day of May,2013.That thereafter,said Ordinance was duly
passed and adopted at a regular meeting of the City Council on the 4th day of June, 2013, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Fisher, Jacobson, Fuemtes, Atkinson, Fellhaouer
NOES COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
e1I79EL
'Tracy eaver,City Clerk
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